Basic Information
BASIC INFORMATION
1. What is this notice?
Northwest Motorsports, a dealer of used vehicles in Washington until January 2024, sold used diesel motor vehicles on or after March 13, 2017 that, prior to their sale, had one or more components of their emissions-controls system removed, or which had otherwise been modified from the original manufacturer’s specifications to bypass, defeat, or render inoperative, any emissions-related element of design of the vehicle or its engine. This notice explains that the Superior Court for Snohomish County, State of Washington, has allowed, or “certified,” a class action lawsuit that may affect purchasers of such vehicles. If you purchased such a vehicle, you may be a Class Member. You may have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Northwest Motorsport, are correct. Judge Jon Scott of the Snohomish County Superior Court is overseeing this class action. The lawsuit is known as Villafan, et al., v. Northwest Motorsport, LLC, et al., Case No. 23-2-01847-31.
2. What is this lawsuit about?
The lawsuit is about whether Northwest Motorsport, by selling used diesel motor vehicles that had one or more components of its emissions-controls removed, or which had otherwise been modified from the original manufacturer’s specifications to bypass, defeat, or render inoperative, any emissions-related element of design of the vehicle or its engine, breached its contracts with purchasers of such motor vehicles; breached its implied warranties related to the motor vehicles; violated Washington’s Auto Dealers Act, RCW 46.70.180(1); and violated Washington’s Consumer Protection Act, RCW Chapter 19.86, and whether the purchasers of such motor vehicles suffered money damages as a result of their purchases.
3. What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case Seth Villafan and Josh Graves) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The persons who sued, and all the Class Members like them, are called the “Plaintiffs.” The companies they sued (in this case Northwest Motorsport, LLC; Northwest Motorsport, Inc.; and Sonic Automotive, Inc.) are called the “Defendants.” One court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.
4. Why is this lawsuit a class action?
The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Washington Superior Court Civil Rule 23, which governs class actions in Washington state courts. Specifically, the Court found that:
Over 700 persons purchased used diesel motor vehicles from Northwest Motorsport that had their emissions-control systems removed or altered prior to the purchase.
There are legal questions and facts that are common to each of the purchasers.
Seth Villafan’s and Josh Graves’ claims are typical of the claims of the rest of the Class.
Mr. Villafan, Mr. Graves, and the lawyers representing the Class will fairly and adequately represent the interests of the Class.
The common legal questions and facts are more important than questions that affect only individuals; and
This class action will be more efficient than having many individual lawsuits.
More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Certifying the Class, which is available for review at the “Important Documents” section of the website www.nwmsclassaction.com.
THE CLAIMS IN THE LAWSUIT
5. What does the lawsuit complain about?
In the lawsuit, the Plaintiffs say they suffered money damages resulting from their purchases of used diesel motor vehicles from Northwest Motorsport that had their emissions-control systems removed or modified from the original manufacturer’s specifications to bypass, defeat, or render inoperative any emissions-related element of design of the vehicles or their engines. You can read the Class Action Complaint at the “Important Documents” section of the website www.nwmsclassaction.com.
6. How does Northwest Motorsport answer?
Northwest Motorsport denies it did anything wrong. You can read Northwest Motorsports’ Answer to the Complaint at the “Important Documents” section of the website www.nwmsclassaction.com.
7. Has the Court decided who is right?
The Court hasn’t decided whether the Plaintiffs or Northwest Motorsport are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at a trial starting January 25, 2027. (See “The Trial” below.)
8. What are the Plaintiffs asking for?
The Plaintiffs are asking for money damages they claim to have suffered due to their purchases of the used diesel motor vehicles from Northwest Motorsport.
9. Is there any money available now?
No money is available now because the Court has not yet decided whether Northwest Motorsport did anything wrong, and the two sides have not settled the case. There is no guarantee that money will ever be recovered for the Plaintiffs in this case. If money is recovered and you are a Class Member for whom the attorneys representing the Class have your email address or mailing address, you will be notified about how to ask for a share.
WHO IS IN THE CLASS
You need to decide whether you are affected by this lawsuit.
10. Am I part of this Class?
The Court has ruled that all persons who purchased a used diesel motor vehicle from Northwest Motorsport on or after March 13, 2017 that had its emissions-control systems removed or modified from the original manufacturer’s specifications to bypass, defeat, or render inoperative any emissions-related element of design of the vehicles or their engines are Class Members. If you purchased a used motor vehicle from Northwest Motorsport on or after March 13, 2017 that had had its emission-control system removed or modified prior to your purchase of the vehicle, you are a Class Member. If you believe you are a Class Member but have not received notice of the case by email or first-class mail, please contact the attorneys for the Class using the “Contact Us” section of the website www.nwmsclassaction.com, by telephone at 206-510-2222, or by mail at Northwest Motorsport Class Action , PO Box 6159, Edmonds, WA 98026. In your communication, please state that you believe you are a Class Member, and include your name, phone number, email address, and postage mailing address.
11. Who is included in the Class?
Any person who purchased a used diesel motor vehicle from Northwest Motorsport on or after March 13, 2017 that had its emissions-control systems removed or modified from the original manufacturer’s specifications to bypass, defeat, or render inoperative any emissions-related element of design of the vehicles or their engines are Class Members.
12. Are there any persons who purchased vehicles from Northwest Motorsport not included in the Class?
If you purchased a motor vehicle from Northwest Motorsport before March 13, 2017, you are not a Class Member. If you purchased a motor vehicle from Northwest Motorsport that did not have a diesel engine when you purchased it, you are not a Class Member. If you purchased a new vehicle from Northwest Motorsport, you are not a Class Member. If you purchased a used diesel motor vehicle that had not had, prior to your purchase, its emission control system removed or modified from the original manufacturer’s specifications to bypass, defeat, or render any emissions-related element of design of the vehicle or its engine, you are not a Class Member.
13. I’m still not sure if I am included in the Class.
If you are still not sure whether you are included, you can get free help at www.nwmsclassaction.com, or by calling or writing to the lawyers in the case, at the phone number or address listed in question 23 below.
YOUR RIGHTS AND OPTIONS
All Class Members have to decide whether to stay in the Class or ask to be excluded before the trial, and all Class Members have to decide this now.
14. What happens if I do nothing at all?
You don’t have to do anything now if you want to keep the possibility of getting money or other benefits from this lawsuit. If you are a Class Member and do, nothing you will remain in the Class. If you are a Class Member and stay in the Class, and the Plaintiffs recover money or other benefits, either as a result of the trial or a settlement, and if the attorneys for the Class have your email or mailing address, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you are a Class Member and do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, Northwest Motorsport—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. If you are a Class Member and do nothing now, you will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.
15. Why would I ask to be excluded?
If you are a Class Member and already have your own lawsuit against Northwest Motorsport for the same legal claims that are the subject of this lawsuit and want to continue with your lawsuit, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which also means to remove yourself from the Class, and is sometimes called “opting out” of the Class—you won’t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between the Plaintiffs and Northwest Motorsport. However, you may then be able to sue or continue to sue Northwest Motorsport for any reason you may have. If you exclude yourself as a member of the Class, you will not be legally bound by the Court’s judgments in this class action.
If you start your own lawsuit against Northwest Motorsport after you exclude yourself, you’ll have to hire and pay your own lawyer for that lawsuit, and you’ll have to prove your claims. If you do exclude yourself from the Class so you can start or continue your own lawsuit against Northwest Motorsport, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.
16. How do I ask the Court to exclude me from the Class?
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail to Villafan, et al., v. Northwest Motorsport, LLC, et al. Exclusions, PO Box 6159, Edmonds, WA 98026. Your exclusion request must be signed and include the following statement, or one substantially similar: “I/we request to be excluded from the Class in the Villafan class action, Case No. 23-2-01847-31.” You may also get an Exclusion Request form at the “Important Documents” section of the website www.nwmsclassaction.com. Your request to be excluded from the Class must be postmarked by July 2, 2026.
THE LAWYERS REPRESENTING YOU
17. Do I have a lawyer in this case?
The Court decided that attorneys Guy W. Beckett and Eugene N. Bolin and the law firms of Berry & Beckett, PLLP and Law Offices of Eugene N. Bolin, Jr. P.S. are qualified to represent you and all Class Members. Together the lawyers and law firms are called “Class Counsel.” They are experienced in handling similar cases. More information about these lawyers and law firms, their practices, and their experience is available at www.nwmsclassaction.com.
18. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But if you want your own lawyer for this case, you may retain one at your own expense. For example, you can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you, but you will need to pay your own lawyer.
19. How will the Class Counsel lawyers get paid?
If Class Counsel recover money or other benefits for the Class, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request for the fees and expenses, they would be either deducted from any money obtained for the Class or paid separately by Northwest Motorsport.
THE TRIAL
The Court has scheduled a trial to decide who is right in the case.
20. How and when will the Court decide who is right?
As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at trial. The trial is scheduled to start on January 25, 2027, in the assigned courtroom for Judge Jon Scott in the Snohomish County Superior Court for the State of Washington, 3000 Rockefeller Avenue, Everett, WA 98201. During the trial, the jury or the judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or the Defendants are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class.
21. Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and Northwest Motorsport will present the defenses. You and your own lawyer are welcome to come at your own expense.
22. Will I get money after the trial?
If the Plaintiffs obtain money or other benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.
GETTING MORE INFORMATION
23. Are more details available?
Visit the “Important Documents” section of the website www.nwmsclassaction.com, where you will find the Court’s Order Certifying the Class, the Court’s Order Amending the Class Definition, the Complaint the Plaintiffs filed, the Defendant’s Answer to the Complaint, an Exclusion Request form, and other important documents. You may also contact Class Counsel by using the “Contact Us” section of the website, by telephone at 206-510-2222, or by mail at Northwest Motorsport Class Action, PO Box 6159, Seattle, WA 98026.